The lawsuit zeros in on a night after work when a group of co-workers were at Chris Madrid's. It states Michelle Garza, a probation officer, was wearing open-toed sandals when she was approached by her boss, Bill Fitzgerald.
Garza's lawyer says Fitzgerald grabbed Garza's foot then started rubbing and caressing it. At that time, Fitzgerald was also allegedly making inappropriate comments like: "You know what I like even better than breasts? Feet." Garza's attorney says Fitzgerald also told his client that short, pretty Hispanic women turn him on.
Other cases of unwelcome conduct by Fitzgerald reportedly left Garza suffering with stress and fear. Her attorney says Garza didn't have anyone to whom she could complain.
Garza has been with the probation department for nearly 20 years. Her attorney says she's an excellent employee but was recently written up for official misconduct. She's accused of speaking too loudly on the phone with her ex-husband. Her attorney believes Garza's write-up was done in retaliation for having filed complaints of sexual discrimination.
Garza filed formal complaints with the Equal Employment Opportunity Commission and the Texas Workforce Commission. Her attorney says she's thought about quitting her job but decided not to because she is close to retirement age. Garza is seeking $200,000 in damages.
We tried contacting Bill Fitzgerald. He did not return our call. We did hear back from Kathy Cline, the probation department's Director of Operations and Legal Counsel. She told us the details of the lawsuit are totally unfounded and she's confident the department will win its case. She also said it is the department's policy not to tolerate harassment, discrimination or retaliation.
